If you’re facing charges for drinking and driving after already receiving a conviction in your past, Colorado can impose a range of punishments on you. And if this is your third conviction for DUI, then you can face some particularly severe penalties.
Your Number of Prior Offenses
It might not always be obvious how many prior offenses you have. For one thing, Colorado counts more than DUI as a prior offense. The following also count according to the statute:
● Driving While Ability Impaired Colorado (DWAI)
● Aggravated driving with a revoked license
● Driving with a license under restraint
● Vehicular homicide
● Vehicular assault
Also, Colorado considers convictions from other states when counting your prior convictions. So if you have a conviction for DUI or for one of the above offenses from another U.S. state, those will count as well. It is entirely possible that you have more prior convictions than you think. If this is your fourth conviction, then you will be charged with felony DUI, which carries more severe punishments than those listed in this article.
Time in Jail
Someone convicted of their third DUI faces imprisonment in the county jail for 60 days up to one year maximum. The 60 days are mandatory, and during this period the court has no discretion to use a sentencing alternative.
However, you might be able to participate in a program in order to continue to:
● Attend your job
● Attend school
● Participate in drug or alcohol treatment or safety course
You can be fined a minimum of $600 and a maximum of $1,500 if this is your third offense. The judge has discretion to suspend this fine.
After a third conviction, you will need to fulfill a minimum of 48 hours of community service but no more than 120 hours. The court does not have discretion to suspend the community service requirement, so find something that you enjoy.
Colorado’s law requires a minimum of two years of probation. During this time, the judge can require that you receive treatment for your drug or alcohol addiction, and you must complete the program before the end of your parole period.
For a third conviction, you will lose your license for two years. It does not matter when your prior violations occurred. However, if you refused to give a chemical test (like a breath test), then you will lose your license for three years.
Speak with a Colorado DUI Lawyer
At the office of Miller Leonard, PC, many of our clients call in the middle of the night, scared about being sent to jail and losing their driving privileges. If this is your third DUI, then you have every reason to be worried. However, help is available.
Our team will thoroughly canvas the record and identify any weaknesses in the state’s case. Our founder is a former state prosecutor who understands how the lawyers on the other side think, and he is prepared to use his skill and experience for you. Contact us today to schedule your free consultation by calling or submitting a contact form.